I am private labeling a photography product to sell online. I see another company that has the exact same product but under their own name. Can I still private label and sell this exact same product even though its the exact same thing as a competitor’s?

I am trying to private label a photography product for sale online. I will be importing it from a Chinese supplier, but I want to know if I can still do this because I found another company online that sells the exact same product but under their own private label brand.

Can I still sell under my own brand even though it’s the exact same product my competitor is selling under their own brand?

Asked on September 12, 2016 under Business Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Competition, even selling the exact same product, is allowed so long as:
1) You are not violating someone's copyright;
2) You are not infringing on another's trademark;
3) You are not in some way misrepresenting to the public that you are the other company or are in business with them (e.g. acting as their distributor or representative); 
4) You are not violating a contract *you* signed and are obligated to
So sell the same product under your own name, without using any trademarks or copyrighted material of theirs, and without suggesting a connection to them that does not exist--that is legal.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.